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(영문) 춘천지방법원 원주지원 2015.11.11 2015고단858
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, at around July 29, 2015, the Defendant reached a sound that may cause sexual humiliation and aversion to the victim by putting a cell phone from the victim D (Y, 19 years of age) to a cell phone for the purpose of meeting the Defendant’s sexual desire, after restricting the phone number display for the purpose of meeting the Defendant’s sexual desire, and then making the Defendant reach a sound that may cause sexual humiliation and aversion to the victim without any speech by exposing the phone from the victim D (W, 19 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Notification of the results of communication confirmation request;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. When the conviction of the defendant who has registered personal information of this case is confirmed by taking into account the reflection of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the same criminal record, the degree of damage, etc., the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obliged to submit personal information to the relevant agency

The age of the defendant exempted from the disclosure order or notification order, the risk of recidivism, the type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the prevention effect of sexual crimes subject to registration which can be achieved accordingly.

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